Allahabad High Court
ARMAANversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail.
Summary
Armaan was arrested in connection with a case (Crime No. 248 of 2026) alleging offences under Sections 87 and 137(2) of the Indian Penal Code and Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. He applied for bail, claiming he was falsely implicated, that the alleged victim was a consenting adult despite her statement of being 17, and that the FIR was lodged belatedly. The State opposed the bail, but the court examined the material on record and found no evidence of forced conversion or a criminal record against the applicant. Relying on the principle that bail may be granted when the case is prima facie weak and the accused is not a flight risk, the court concluded that the applicant had made out a case for bail. Consequently, the court ordered his release on bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The bail order does not prejudice the trial on the merits of the case.
Issues considered
- Whether the applicant is entitled to bail pending trial under Sections 87, 137(2) of the Indian Penal Code and Sections 3 & 5(1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021.
Legislation cited
- Indian Penal Code — s. 137(2), 87
- UP Prohibition of Unlawful Conversion of Religion Act, 2021 — s. 3, 5(1)
Subjects
- bail
- unlawful conversion of religion
- Indian Penal Code
- UP Prohibition of Unlawful Conversion of Religion Act
- prima facie
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33258 of 2026
Armaan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Singh, Anjum Parveen
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.10 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ms. Anjum Parveen, learned counsel for the applicant, Sri
Deepak Kumar Singh, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.248 of 2026, under Sections 87,
137(2) BNS and Section 3 & 5(1) UP Prohibition of Unlawful Conversion of
Religion Act, 2021, Police Station Rawatpur, District Kanpur Nagar, during
the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations are per se false. The victim by her looks seems to be major,
although she is stated to be 17 years old as per her own statement. There is
nothing on record to suggest that applicant forced her into conversion and
she seems to be a consenting party otherwise. The FIR itself has been
instituted belatedly, as such, applicant is entitled to bail. The applicant has
no criminal history and is in jail since 28.6.2026. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
BAIL No. 33258 of 2026
2
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Armaan, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of
the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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